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ESR News Blog

Rhode Island Enacts Ban the Box Law Limiting Ability of Employers to Ask About Criminal History

The state of Rhode Island has enacted a “Ban the Box” law – Senate Bill 357 (SB 357) – that will prohibit inquiries on employment applications regarding prior criminal convictions except when federal or state law specifically disqualifies a person from employment due to a prior conviction or authorizes such inquiries. The full text of SB 357 – which was signed by Rhode Island Governor Lincoln Chafee on July 16, 2013 and will take effect on January 1, 2014 – is available at http://openstates.org/ri/bills/2013/SB357/.

SB 357 amends Chapter 28-5 of the State of Rhode Island General Laws entitled “Fair Employment Practices” and applies to both public and private employers in Rhode Island employing four or more individuals or any person acting directly or indirectly in the interest of an employer. Speciﬁcally, SB 357 will make it an “unlawful employment practice” for an employer in the state to inquire about whether an applicant has ever been convicted of a crime before the ﬁrst interview with the following exceptions:

If the application is for law enforcement agency positions or positions related to law enforcement agencies;

If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a person’s conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of 1 those offenses; or

If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment and his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses.

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.